cont.based jsa and habitual res.test

[tinkerbb2]

If you qualify for contribution based JSA, do you still have to go through th habitual residence

test ? thanks

[leemack]

No, as far as I'm aware you don't have to go through the hab res test for contribution based benefits.

[tinkerbb2]

Thank you, after weeks of being put through the mill, having my claim denied, h.b denied , told it was because

of the H.R.Test I finally received a letter saying my claim had been denied because of not having enough contributions.

I did not receive in writing a denial because of the H.R.test,though all the staff told me that was the reason on their

computers, when asked what the threshold for the cont. based allowance

nobody would give an answer, though I was convinced I had enough stamps in for the period.

I finally went to a back to work morning and told the people there, they were very nice and said they would look into it

for me, that afternoon I received a call to say that my claim would be passed, I have now received a letter to that effect,

stating I did have enough contributions after all, so all the staff I had dealt with up to that point did not know their job, including

the Decision Makers at the end of the line.

Now during this awful period I could fully understand how people commit suicide, I was even denied any more crisis loans, I had the

support of friends and a very understanding landlord, the job centre staff had no sympathy and one appeared to take delight in

her power and my predicament. Not my imagination !

So please if any JSA staff ever read this forum , check your facts over and over, you CAN be wrong, we are not all frauds and cheats,

whatever happened to being innocent until proven guilty.

This forum is fantastic and must help so many people, thank you

[leemack]

I'm really glad you had a positive outcome. They would have made two decisions - one for the income based claim and one for contribution based. So the hab res test was why you were denied income based - but at least the cont based has come through after your persistance.

 

Remember that your cont based claim will last 26 weeks, and that you will need to make a new income based claim before it runs out - but by then you won't have any any difficulties with the hab res test.

 

Good Luck for the future.

[tinkerbb2]

Afraid this is not the case, after the claim was refused it was also discovered that the staff had NOT

filled out a claim for income based, so when I had to appeal they made the first claim for income based,

(6 weeks after my first claim). So not only did they not add up my contributions correctly, they refused the cont. based claim

because I had failed the H.Res. test, which should never have been applied anyway.

Without the intervention of the member of staff who ran the "back to work" morning, none of this would have

come to light, and I would have been left high and dry for more weeks.

I really do wonder what happens to people less fortunate that I , with no support, where do they end up ?

It is so wrong, I have worked more than 20 years in the u.k, paying full tax and insurance, and yes I tried to make a go

of it in an other country, still within Europe, and failed, I should still be entitled to the same support that a total stranger

coming to the u.k is, not punished, it's about time this ruling is changed for past u.k residents.

[leemack]

Wow, they really messed up. You should put in a complaint so that the errors made get highlighted - obviously there is some poor practice at the processing centre that needs to be looked at. You can also ask in the complaint for compensation for the fact that you were seriously affected by the error - its usually not a lot, but anything that makes them look at the their errors is good.

[Elliebes]

Im going to a Tribunal over the habitual residency test. Ive lived in this country for 52 years before I left it for 4 years and got forced to return. I was made to do two tests. The first reply said one sentence on the letter after 4 weeks of waiting with no money and having to live on crisis loans....we cant pay you because the law says we cant. That was it.

 

Then, I had to wait another 2 weeks for the second HRT that they put me through to be passed even though I was a resident in a hostel and had a GP and Dentist and a bank account that I had not changed since I left. (technically speaking I had not LEFT, I was trying to find work that I couldnt find here and I had every intention to return, but my family let me down so I was stuck over there until a mate here helped me out with a place to bounce)

 

A guy in my town specialises in the habitual residency test and he's going to represent me at Tribunal because he thinks Ive got a strong case for payment for the weeks they denied me. I worked all my life in this country up to when I left and I came back only to be told Im not entitled to anything. I was not a resident in the country I was staying in so I had not given up my British Citzenship or my passport. I was humiliated in this job centre and laughed at behind my back. And thereafter treated very badly because I returned to live in a hostel and they were treating me like a scrounger. Now I have been rehoused. Fortunately for me Ive left that job centre and gone to another one. I suggest you go to Tribunal is the only way. The laws around the HRT were put in place for immigrants but the rules are affecting British Citizens who return from abroad and try to claim entitlements.

Edited January 30, 2011 by Elliebes
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